R. v. Nadeau (E.), 2008 SKQB 330

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 18, 2008
• Jurisdiction: Saskatchewan
• Citations: 2008 SKQB 330;(2008), 325 Sask.R. 246 (QB)

R. v. Nadeau (E.) (2008), 325 Sask.R. 246 (QB)

MLB headnote and full text

Temp. Cite: [2008] Sask.R. TBEd. SE.053

In The Matter Of Information 24164936 Charging Eric Nadeau with One Count of Unlawfully Acting as an Outfitter and One Count of Unlawfully Advertising or Promoting His Ability to Act as an Outfitter and More Particularly as Described in the Said Information

And In The Matter Of Information 24164931 Charging Eric Nadeau with Unlawfully Acting as an Outfitter, Unlawfully Aiding Abetting Counseling or Procuring the Contravention of a Provision of the Wildlife Act and Unlawfully Placing a Stand on Land and as More Particularly Described in the Said Information.

Eric Nadeau, of Saint-Robert-Bellermin, Quebec (appellant) v. Province of Saskatchewan, on Behalf of Her Majesty the Queen, on the Information of Stephen Alexander Dobko (respondent)

(2008 Q.B.C. No. 10; 2008 SKQB 330)

Indexed As: R. v. Nadeau (E.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Melfort

Gabrielson, J.

August 18, 2008.

Summary:

Nadeau was charged with five counts relating to the Outfitter and Guide Regulations under the Natural Resources Act and to the Wildlife Act. A Provincial Court judge transferred the venue of the trial from Carrot River, where the offences allegedly occurred, to Saskatoon. Nadeau appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 4611

Procedure - Trials - Venue or place - Change of - General - Nadeau was charged with five counts relating to the Outfitter and Guide Regulations under the Natural Resources Act and to the Wildlife Act - A Provincial Court judge transferred the venue of the trial from Carrot River, where the offences allegedly occurred, to Saskatoon - Nadeau appealed - The Saskatchewan Court of Queen's Bench dismissed the appeal - There was no provision in either of the Acts or the Regulations at issue for an independent right of appeal regarding any order made under that legislation - Under the Summary Offences Procedures Act, an appeal lay only in respect of a conviction, acquittal or final order - The order changing the trial's venue was an interlocutory order - It did not determine Nadeau's guilt or innocence or otherwise end the proceedings - There was no right of appeal - See paragraphs 10 to 17.

Criminal Law - Topic 7473.2

Summary conviction proceedings - Appeals - General - Appeal from interlocutory decision - [See Criminal Law - Topic 4611 ].

Practice - Topic 5779

Judgments and orders - Interlocutory or interim orders or judgments - What constitutes - [See Criminal Law - Topic 4611 ].

Practice - Topic 5782

Judgments and orders - Interlocutory or interim orders or judgments - Appeals - [See Criminal Law - Topic 4611 ].

Trials - Topic 1182

Summary convictions - Appeals - When available - [See Criminal Law - Topic 4611 ].

Cases Noticed:

Kourtessis et al. v. Minister of National Revenue et al., [1993] 2 S.C.R. 53; 153 N.R. 1; 27 B.C.A.C. 81; 45 W.A.C. 81, refd to. [para. 10].

R. v. Hudson (E.B.) (2007), 299 Sask.R. 133; 2007 SKCA 82, refd to. [para. 10].

Ochapowace Indian Band v. Saskatchewan (Minister of Justice) (2007), 304 Sask.R. 228; 413 W.A.C. 228; 2007 SKCA 88, refd to. [para. 10].

R. v. Laviolette (R.) (2005), 260 Sask.R. 121; 2005 SKQB 61, refd to. [para. 11].

R. v. Kimmie (N.) (2006), 285 Sask.R. 186; 378 W.A.C. 186; 2006 SKCA 87, refd to. [para. 14].

R. v. Leitner (S.B.) (1998), 173 Sask.R. 269 (Q.B.), refd to. [para. 14].

R. v. Carpenter (L.) (2005), 272 Sask.R. 31; 2005 SKQB 432, refd to. [para. 14].

R. v. Noël (1996), 110 C.C.C.(3d) 168 (Que. C.A.), refd to. [para. 15].

R. v. Lindsay (D.-K.), [2002] B.C.T.C. 248; 2002 BCSC 248, refd to. [para. 15].

R. v. Adams (D.C.) (2001), 290 A.R. 316; 2001 ABQB 366, refd to. [para. 16].

Authors and Works Noticed:

Ewaschuk, Eugene G., Criminal Pleadings and Practice in Canada (2nd Ed.) (2003 Looseleaf Update), p. 24-13, para. 24:2040 [para. 13].

Counsel:

Marcel A. Simonot, Q.C., for the appellant;

Inez J. Cardinal, Q.C., for the respondent/Crown.

This appeal was heard by Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Melfort, who delivered the following judgment on August 18, 2008.